Affidavit of Decease subscribed and sworn to by John England, filed June 17th, 1861, recorded in Will Record 1, page 100, represents that Matilda Phillips departed this life testate on or about November 19th, 1860, leaving the following named children, towit: Rachel Crane, Mary McGee, James W. Phillips, Joseph Phillips, Sarah Scroggin and Augustus Phillips.

In the name of God, Amen: I Matilda Phillips of Elkhart Precinct, Logan County and State of Illinois of the age of Forty nine years and being of sound mind and memory, do make, and publish and declare this my last will and testament in manner following that is to say:

FIRST---I give and devise to my sons James William Phillips, Joseph Phillips and Augustus Phillips their heirs and assigns all that tract or parcel of land situate and described as follows.

TO WIT: the N.W. quarter of the N.E. quarter of Secton Six (6) in Town (17) Seventeen, North range (3) Three West of the Third principal Meridian in the County of Logan and State of Illinois together with all the heretitaments and appretenances thereunto belonging or in any wise (sic) appertainging; to have and to hold the premises above described to the said James William Phillips, Joseph Phillips and Augustus Phillips their heirs and assigns forever.

SECOND: I give and devise to my son James William Phillips one bed & bedding--and my clothing and wearing apparel to be divided equally between my three daughters, Rachel Crain, Sarah Scroggins & Mary McGee.

AND LASTLY I do hereby nominate and appoint John England and James William Phillips to be the executors of this my last will and testament hereby revoking all former wills by me made.

I give and devise all my personal estate of what kind or nature whatsoever to John England and James William Phillips the executors of this my last will and testament hereby nominated and appointed excepting the property heretofore mentioned in the above will, the said executors to be placed in trust for the payment of my Just debts and the legacies above specified with power to sell and dispose of the same at public or private sale at such time or times and upon such terms as to them shall seem meet provided however that no part of my real estate as aforesaid shall be sold at public auction until after the expiration of three years from the time of my decease. IN witness whereof I have hereunto set my hand and seal on this Seventeenth day of November AD 1860.

The above instrument consisting of one sheet was at the date thereof signed sealed published and declared by the said Matilda Phillips as her last will and testament in presence of us who at her request and in her presence and in the presence of each other have subscribed our names as witnesses thereto as witnessing witnesses.

The People of the State of Illinois, to the Sheriff of said County, Greeting:

WE COMMAND You to summon John England, and A. Robinson to be and appear before the County Court of said County of Logan, on the 3rd day of the next Term thereof, to be holden at the Court House in Lincoln, on the third Monday in the month of March 1861, then and there to testify, and the truth to speak, in the matter of the proof of the last will and testament of Matilda Phillips, deceased; and this you not to omit under the penalty of the law. And have you then and there this Writ.

Witness, John T. Jenkins, Clerk of our said Court, at Lincoln, this 5th day of March, A. D. 1861

We solemnly swear that this writing contains the true last will and testament of the within named Matilda Phillips deceased, so far as I know or believe: and that I will well and truly execute the same by paying first the debts and then the legacies mentioned therein, as far as her goods and chattels will thereunto extend and the law charge me and that I will make a true and purfect inventory of all such goods and chattels, rights and credits, as may come to my hands or knowledge belonging to the Estate of the said deceased, and under a fair and just account of our Executorship when thereunto required by law to the best of our knowledge and abilities so help us God

Affidavit of Decease subscribed and sworn to by John England, filed June 17th, 1861, recorded in Will Record 1, page 100, represents that Matilda Phillips departed this life testate on or about November 19th, 1860, leaving the following named children, towit: Rachel Crane, Mary McGee, James W. Phillips, Joseph Phillips, Sarah Scroggin and Augustus Phillips.

Will filed March 4th, 1861; June 17th, 1861, Will proven in open Court, admitted to probate and ordered recorded.

Adjustment Day December 16th, 1861: Probate Journal 2, page 430.

Order of Discharge entered December 21st, 1863, recorded in Probate Journal 3, page 301 by James W. Phillips.